Labor Law
PH
Labor Standards
13th Month Pay
13th month pay is provided to covered rank-and-file employees who have rendered at least one (1) month of service.
Cases: Premium pay
The following are the related or relevant Labor Law Cases or Jurisprudence on the topic. 1) Covered and excluded employees Peñaranda v. Bagana Plywood Corporation
Premium Pay
Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.
Retirement Pay, Private Sector
Retirement pay is an additional pay provided to a covered employee who is retiring.
Cases: Special leave for women under R.A. 9710
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then
Special Leave for Women
The special leave for women is given to covered female employees who have undergone surgery due to gynecological disorder.
Due Process
Lawyer’s transfer attended with bad faith
The employee – a Lawyer hired as an Assistant Vice-President and Head of the Pensions Department – filed a case for constructive dismissal after experiencing
Moral damages
Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal
Troublesome employee who is also a pregnant woman employee
Pregnant women employees may be the difficult to manage. The employer should be extra careful. Let’s discuss.
Attorney’s Fees
Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public
Equipoise rule
Summary ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. 1. Concept When the evidence in
Dishonesty, a Termination Ground?
Many employers place premium on integrity. Sometimes, a bit too much as to dismiss employees due to minor dishonesty. Let’s discuss.
Management Prerogative
Discipline and dismissal of employees
Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense. 2. Concept “Under
Mandatory Workplace Policies and Programs
Summary ▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the
Work assignments
Work assignments refer to the work-related tasks, duties, and responsibilities.
Retraction letter
Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal of the employment offer. 1.
Lay-off and recall of employees
Lay-off and recall of employees are included in the employer’s management prerogative. Lay-off may be temporary or permanent.Recall of employees apply only to temporarily laid-off
Validity of Non-Compete Clauses
May employees be prohibited from joining direct competitors? Let’s discuss.
Working Conditions
Rotation of Workers
Summary ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek. ▪ The employer shall notify
Flexible Work Arrangements
Summary ▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek. ▪ The effectivity and
Gliding or Flex-Time Schedule
Summary ▪ Gliding or flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free
Critical workdays after holidays
.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law. ▪ Holiday pay is a
Regularization by the DOLE
What is DOLE regularization and why it matters? Let’s discuss.
Safety & Health
Employees Scared of Covid-19
The Omicron variant shot active cases to the moon with current numbers raising more than 50,000. Undertandably, many employees fear getting the virus, even those
Primer: OSH Law (2018)
1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.
Vaccination for on-site workers in PH | LinkedIn Live
Covid-19 vaccination is now mandatory for on-site workers in the Philippines. What now? Let’s discuss what the employers should do to ensure compliance with labor
Drug-free workplace, mandatory policy
1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a
HIV-AIDS prevention and control, mandatory policy
1. Preliminary DOLE Department Order No. 102, Series of 2010 provides for the Guidelines for the Implementation of HIV and AIDS Prevention and Control in
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Pre-Employment
Hepatitis B test as pre-employment requirement
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment.
Apprentices
Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job
Independent Contractors – Individuals
Independent contractors are individuals who offer their services for a fee to a client/principal in the form of a business and thus they are not
Post-Employment
Seafarers question quitclaims after receiving payment
The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde
Non-Compete Clause
Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is
Counting 30-day Render for Resignation
How do you count the 30 days for purposes of resignation? Let’s discuss.
Private Security
Debt collection industry
1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of
SSC/PSA Responsibilities and Liabilities, Private Security
1. Solidary Liability and Responsibilities The Security Service Contractor / Private Security Agency (SSC/PSA) and its principal or client shall be jointly and solidarily liable
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job
Right to security of tenure, Private Security
1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their
Compressed Workweek
Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work
Statutory benefits, Private Security
1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours,
DO-174 Contracting
DO-174 Semi-Annual Reports
Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main
Contractor’s employees
Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed
Overseas Employment
Cases: Sea-based workers, seafarers, mariners, ocean-going OFWs
1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19
Overseas Filipino Workers (OFWs)
1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated
Cases: OFWs dismissed from work
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas
Ban on direct-hiring for overseas employment 101
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under
Labor Disputes
Bureau of Labor Relations
Summary ▪ The Bureau of Labor Relations (BLR) has original and exclusive authority on certain cases which involve unions, collective bargaining agreements, and labor disputes
Labor Arbiter
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the
Labor disputes
“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining,
Labor Laws
Forced Leave
Summary ▪ Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their
Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu
Technical rules of procedure
Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence prevailing in courts of law
Telecommuting
1. Concept As used in R.A. 11165, the term “telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer
Employment bond
“Employment bond” – refers to a contractual stipulation requiring an employee to stay employed with the employer for a certain length of time, and it often comes with a penalty if the employment duration is not complied with.
Working conditions
Working conditions refer to the environment and terms/conditions of employment. 1. Coverage The provisions of [herein] shall apply to employees (“covered employees”) in all establishments
SSC/PSA Service Agreements, Private Security
1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms
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